U.S. Department of Justice
Executive Office for Immigration Review

Office of the Director
5107 Leesburg Pike, Suite 2400
Falls Church, Virginia 22041

Contact: Office of Public Affairs

(703)305-0289, Fax: (703) 605-0365

Internet: www.usdoj.gov/eoir

April 21, 2000

BOARD OF IMMIGRATION APPEALS EXPANDS TO 21 MEMBERS

The Department of Justice adopted a rule published in the Federal Register on April 14, 2000, expanding the Board of Immigration Appeals (BIA or the Board) from 18 to 21 permanent Board Members, including a Chairman, and two Vice Chairmen. This rule establishes the second Vice Chairman position and eliminates the position of the Chief Attorney Examiner, whose duties are assumed by the second Vice Chairman.

The expansion is necessary to keep pace with an ever-increasing case load. Additionally, this expansion will further enhance the effective, efficient adjudication of cases while providing for en banc review in appropriate cases. The last expansion of the Board occurred in September 1998, when the Board expanded from 15 to 18 members. The Board was established in August 1940 and at that time consisted of a Chairman and four Board Members.

A component of the Executive Office for Immigration Review (EOIR), the Board of Immigration Appeals is the highest administrative body for interpreting and applying immigration laws. Its Board Members, including the Chairman and Vice Chairmen, are appointed to indefinite terms by the Attorney General. The Board is located at EOIR headquarters in Falls Church, Virginia, where nearly all appellate reviews take place, including oral arguments. Since 1998, however, the Board has agreed to hear some oral arguments in other locations outside the Washington, DC, metropolitan area.

The Board has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by district directors of the Immigration and Naturalization Service (INS) in a variety of proceedings in which the Government of the United States is one party and the other party is either an alien, a citizen, or a business firm. In addition, the Board is responsible for the recognition of organizations and the accreditation of their representatives who request permission to practice before the Board, the Immigration Courts, and the INS.

Generally, appellate cases are assigned to panels of three Board Members who review the facts and legal issues in each case, assisted by a staff of attorney advisers. A panel may choose to hear oral arguments presented by both parties in a particular case to clarify salient points of law as it may apply in interesting or unusual circumstances. In certain cases, under streamlined adjudication procedures, a single Board Member may affirm a decision under appeal without writing an opinion. In certain other cases, the Board may conduct its review en banc either by majority vote of the Members or by direction of the Chairman.

Decisions of the Board are binding on all INS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court. Its decisions are subject to judicial review in the Federal courts. The majority of appeals reaching the Board involve orders of removal and applications for relief from removal. Other cases before the Board may include determinations of eligibility for certain visas, impositions of fines on carriers for violations of immigration law, and motions to reopen or reconsider decisions previously rendered. BIA decisions designated for publication are printed in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States.

Under delegated authority of the Attorney General of the United States, EOIR administers and interprets Federal immigration laws and regulations through the conduct of immigration court proceedings, appellate reviews, and administrative hearings in individual cases. EOIR carries out these responsibilities through its three main components, the Board of Immigration Appeals and the Offices of the Chief Immigration Judge and the Chief Administrative Hearing Officer. EOIR is headed by a Director who reports to the Deputy Attorney General. As a separate agency within the Department of Justice (DOJ), EOIR is completely independent of INS, the agency charged with enforcement of Federal immigration laws; the Office of Special Counsel for Immigration-Related Employment Practices in the DOJ Civil Rights Division; and the Office of Immigration Litigation in the DOJ Civil Division.

The final rule expanding the Board is effective immediately and amends Titles 8 and 28 of Code of Federal Regulations (CFR) to reflect the organizational changes.

- EOIR -